EscCoSE_17-0314314-006-EM17.pdf

FLORIDA DEPARTMENT OF

Environmental Protection

Northwest District

160 W. Government Street, Suite 308 Pensacola, Florida 32502-5794

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Shawn Hamilton Secretary

November 2, 2023

Keith Johnson, Environmental Scientist Wetland Sciences, Inc.

3308 Gulf Beach Highway Pensacola, FL 32507 keith@wetlandsciences.com

Project Name: Escambia County Southeast Time Extension Re: File No. 0314314-006-EM/17, Extension of File No. 0314314-005-EM, extension of 0314314-004-EM, modification of

0314314-002-EI

Dear Mr. Johnson:

Your request to modify this permit has been received and reviewed by Department staff. The modification is to grant a five-year extension to the permit expiration date.

The Department has evaluated your request to extend the expiration date for this permit. We may extend your permit for a maximum period of five years from the date of receipt of all governmental authorizations for this project. Your permit is hereby extended until December 27, 2028. Should you be unable to complete your project by that date, you should contact the Department.

This notice of modification and time extension does not alter the original, Specific or General Conditions, or monitoring requirements of the permit. This letter and accompanying drawings must be attached to the original permit.

NOTICE OF RIGHTS

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action.

Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules mailto:keith@wetlandsciences.com

Permittee: Escambia County Southeast Time Extension File No: 0314314-006-EM/17

28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information:

(a) The name and address of each agency affected and each agency’s file or identification number, if known;

(b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination;

(c) A statement of when and how the petitioner received notice of the agency decision;

(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.

The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@FloridaDEP.gov. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within Choose an item. days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a).

The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver may not apply to persons who have not received a clear point of entry.

mailto:Agency_Clerk@FloridaDEP.gov

Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.

Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@FloridaDEP.gov, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation Mediation is not available in this proceeding.

FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.

Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S. by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department.

mailto:Agency_Clerk@FloridaDEP.gov

Thank you for applying to the Submerged Lands and Environmental Resource Permit Program.

If you have any questions regarding this matter, please contact Michael (Dylan) Garrett at the letterhead address, at 850-595-0648, or at Michael.D.Garrett@FloridaDEP.gov.

EXECUTION AND CLERKING

Executed in Pensacola, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Russell Sullivan Environmental Manager

RS:mdg

Attachments:

1. Permit File No. 0314314-005-EM/17, 25 pages

CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons:

Danial R. Brown, Gulf Islands National Seashore, danial_r_brown@nps.gov Department of Community Affairs, Ray.Eubanks@deo.myflorida.com, DCPPermits@deo.myflorida.com U.S. Coast Guard, D8DPWartificalReef@uscg.mil , D08-DG-District-DPWPaton@usch.mil Aquatic Preserves, Ann.Lazar@dep.state.fl.us, Kim.wren@dep.state.fl.us, Jennifer.harper@dep.state.fl.us Escambia County, jtkirsche@myescambia.com, bdbane@myescambia.com, bdschneider@myescambia.com, trday@myescambia.com Keith Johnson, Wetland Sciences, keith@wetlandsciences.com

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged.

Clerk Date

November 2, 2023 mailto:danial_r_brown@nps.gov mailto:Ray.Eubanks@deo.myflorida.com mailto:DCPPermits@deo.myflorida.com mailto:D8DPWartificalReef@uscg.mil mailto:D08-DG-District-DPWPaton@usch.mil mailto:Ann.Lazar@dep.state.fl.us mailto:Kim.wren@dep.state.fl.us mailto:Jennifer.harper@dep.state.fl.us mailto:jtkirsche@myescambia.com mailto:bdbane@myescambia.com mailto:bdschneider@myescambia.com mailto:trday@myescambia.com mailto:keith@wetlandsciences.com Hamilton_LS linda

Florida Department of

Environmental Protection

Northwest District Office 160 W. Government Street, Suite 308

Pensacola, Florida 32502-5740

Rick Scott Governor

Carlos Lopez-Cantera

Lt. Governor

Noah Valenstein Secretary www.dep.state.fl.us

January 23, 2018

Escambia County Board of County Commissioners c/o Robert Turpin

223 Palafox Place

Pensacola, FL 32502

RKTurpin@myescambia.com

Re: File No. 0314314-005-EM, Extension of File No. 0314314-004-EM, modification of File

No. 0314314-002-EI

Dear Mr. Turpin:

The Department has evaluated your request to extend the expiration date for this permit. We may extend your permit for a maximum period of five years from the date of receipt of all governmental authorizations for this project. Your permit is hereby extended until December 27, 2023. Should you be unable to complete your project by that date, you should contact the

Department.

Please attach this letter to your permit. This letter does not change any of the permit conditions or relieve you of obtaining any necessary authorization from other state, federal or local agencies. Please call if you need further assistance.

This letter constitutes final agency action unless a person substantially affected by this action requests an administrative hearing pursuant to Section 120.57, Florida Statutes. The petition must be filed within fourteen (14) days from receipt of this letter. The petition must comply with the requirements of Florida Administrative Code Rule 28-5.201 and be filed pursuant to Rule

62-103.155(1) in the Office of General Counsel of the Department of Environmental Protection at 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. Petitions which are not filed in accordance with the above provisions will not be accepted by the Department. The hearing process is designed to formulate agency action. Accordingly, the Department's final action as a result of a hearing may be different from the position taken by it in this stage.

Therefore, any person who may wish to contest the Department's ultimate permitting decision must petition for a hearing within the fourteen-day period described above. Failure to file a request for hearing within this time period shall constitute a waiver of any right such person may have to request a hearing under Section 120.57, Florida Statutes.

mailto:RKTurpin@myescambia.com

Permit Extension

Permittee: Escambia County Board of County Commissioners – Southeast Reef Site

File No: 0314314-005-EM

Extension of File No.: 0314314-004, modification of 0314314-002-EI

If you have any questions regarding this matter, please contact Diana Athnos at the letterhead address, at (850) 595-0557, or at diana.athnos@floridadep.gov.

EXECUTION AND CLERKING

Executed in Orlando, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

For Kimberly R. Allen

Permitting Program Administrator

Attachments:

Exhibit 1, Original permit 0314314-002-EI, 19 pages

Exhibit 2, Modification of permit 0314314-004-EM, 4 pages

CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons:

Lisa Gregg, FWC, lisa.gregg@myfwc.com

Ray Eubanks, DEO, ray.eubanks@deo.myflorida.com

Escambia County, BAWIPE@myescambia.com

Artificial Reefs Section, USCG, D8DPWartificialReef@uscg.mil

Robert Turpin, Escambia County Marine Resources Division, RKTurpin@myescambia.com

Keith Johnson, Wetland Sciences, keith@wetlandsciences.com

Office of General Counsel, DEP, lea.crandall@floridadep.gov

Tanya McHale, DEP, tanya.mchale@floridadep.gov

Diana Athnos, DEP, diana.athnos@floridadep.gov

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged.

_________________________ January 23, 2018

Clerk Date mailto:diana.athnos@floridadep.gov mailto:lisa.gregg@myfwc.com mailto:ray.eubanks@deo.myflorida.com mailto:BAWIPE@myescambia.com mailto:D8DPWartificialReef@uscg.mil mailto:RKTurpin@myescambia.com mailto:keith@wetlandsciences.com mailto:lea.crandall@floridadep.gov mailto:tanya.mchale@floridadep.gov mailto:diana.athnos@floridadep.gov

ENVIRONMENTAL PROTECTION

160 W. GOVERNMENT STREET, SUITE 308

PENSACOLA, FLORIDA 32502-5740

RICK SCOTT

GOVERNOR

HERSCHEL T. VINYARD JR.

SECRETARY

www.dep.state.fl.us

Permittee/Authorized Entity:

Escambia County Board of County Commissioners c/o Robert Turpin

223 Palafox Place

Pensacola, Florida, 32502

Escambia County BOCC – Southeast Reef Site

Authorized Agent:

Keith Johnson, Wetland Sciences, Inc.

1829 Bainbridge Avenue

Pensacola, Florida, 32507

Environmental Resource Permit

State-owned Submerged Lands Authorization – Granted

U.S. Army Corps of Engineers Authorization – Separate Corps Authorization

Required

Escambia County

Permit No.: 17-0314314-002-EI

Permit Issuance Date:

Permit Construction Phase Expiration Date:

Bass_B Typewritten Text December 27, 2013

Bass_B

December 27, 2018

Permittee: Escambia County Board of County Commissioners

Permit No: 17-0314314-002-EI

Consolidated Environmental Resource Permit and Sovereignty Submerged

Lands Authorization

PROJECT LOCATION

The activities authorized by this permit and sovereignty submerged lands authorization are located approximately 7.02 nautical miles south of the southern shore of Santa Rosa Island and 8.95 nautical miles south southeast of Pensacola Pass in Escambia County, Florida within the Gulf of

Mexico within the corner markers in Table 1, below.

Table 1.

Corner Latitude (GPS) Longitude (GPS)

NW 30° 11.9830961’ N 87° 12.8415959’ W

SW 30° 10.2755422’ N 87° 12.8387148’ W

NE 30° 13.0755961’ N 87° 06.0865828’ W

SE 30° 11.3680473’ N 87° 06.0856421’ W

PROJECT DESCRIPTION

This project is a re-authorization, consolidation, and expansion of a previously permitted artificial reef site [FDEP File Nos. 17-0314309-001-EG, 17-0314311-001-EG, 17-0314310-001-EG, 17-

0314314-001-EG, 17-0314316-001-EG, and 17-0314317-001-EG, all issued in October, 2012]. The permittee is authorized to place a total of approximately 6336 cubic yards of new artificial reef material over approximately 0.7 acres (30,492 square feet) of area within a 5.95 nautical mile by 1.7 nautical mile (8,572.94 acres) box shown on the attached drawings and described in the Specific

Conditions of this permit within the Gulf of Mexico, Class III waters of the state. Authorized activities are depicted on the attached exhibits.

AUTHORIZATIONS

Escambia County BOCC – Southeast Reef Site

Environmental Resource Permit

The Department has determined that the activity qualifies for an Environmental Resource Permit.

Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter

373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).

Sovereignty Submerged Lands Authorization

The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board of

Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section 253.77, F.S., and

Chapter 258, F.S. As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of

Trustees) under Sections 253.002, F.S., the Department has determined that the activity qualifies for and requires a Letter of Consent, as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein. During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-

21.004(3)(b), Florida Administrative Code. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of

Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent.

Federal Authorization

A copy of this permit has been sent to the U.S. Army Corps of Engineers (USACE). The USACE may require a separate permit. Failure to obtain any required federal permits prior to construction could subject you to enforcement action by that agency.

Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of

Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.

Coastal Zone Management

Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone

Management Program, as required by Section 307 of the Coastal Zone Management Act.

Water Quality Certification

This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341.

Other Authorizations

You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities.

This permit does not relieve you from the requirements to obtain all other required permits or authorizations.

The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department.

PERMIT/SOVEREIGNTY SUBMERGED LANDS CONDITIONS

The activities described must be conducted in accordance with:

The Specific Conditions

The General Conditions

The General Conditions for Sovereignty Submerged Lands Authorization

The limits, conditions and locations of work shown in the attached drawings

The term limits of this authorization

You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action.

Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit and sovereignty submerged lands authorization, as described.

SPECIFIC CONDITIONS

PRIOR TO ANY CONSTRUCTION

1. Pursuant to Section 379.249, Florida Statutes, the transport and deployment of all artificial reef materials off Florida require a cargo manifest. The attached “Florida Artificial Reef Materials

Cargo Manifest and Pre-Deployment Notification” form must be filled out and maintained on the vessel, with the materials onboard, during transport and deployment of artificial reef materials. The completed form must be submitted to the FWC Artificial Reef Program at least 7 days prior to the anticipated deployment via email artificialreefdeployments@myfwc.com, or via fax (850) 487-4847. The form is also available online at:

http://myfwc.com/media/131594/FWCArtificialReefCargoManifest.pdf.

CONSTRUCTION ACTIVITIES

1. The construction phase expires at 11:59 p.m. on the date indicated on the cover page of this permit.

2. For emergencies involving a serious threat to the public health, safety, welfare, or environment, the emergency telephone contact number is 800-320-0519 (State Warning Point). The

Department telephone number for reporting nonthreatening problems or system malfunctions is

(850) 595-0663, day or night.

3. The mailing address for submittal of forms for the “Construction Commencement Notice”, “As-

Built Certification …”, “Request for Conversion of Stormwater Management Permit

Construction Phase to Operation and Maintenance Phase”, or other correspondence is FDEP, SLERP, 160 Governmental Center, Pensacola, Florida, 32502.

4. All contractors involved in this permitted activity shall be provided copies of this permit in its entirety. A copy shall remain onsite at all times during the activities.

mailto:artificialreefdeployments@myfwc.com http://myfwc.com/media/131594/FWCArtificialReefCargoManifest.pdf

5. If the approved permit drawings conflict with the specific conditions, then the specific conditions shall prevail.

6. This permit does not authorize any activities or the construction of any additional structures not illustrated on the permit drawings.

7. The material to be used shall be clean concrete or rock, clean, heavy gauge steel products with a thickness of ¼ inch or greater, and prefabricated structures that are a mixture of clean concrete and heavy gauge steel. Any steel rebar or other protrusions in the materials shall be trimmed or otherwise removed to be as flush with the surface of the materials as possible.

8. The material shall be free of soils, oils and greases, debris, litter, putrescible substances or other pollutants.

9. The material shall be firmly anchored to the bottom or shall be sufficiently massive to “self-anchor” when placed in sandy bottom.

10. The material shall be purposefully and accurately placed by crane, mechanized lifts, or manual deployment, and shall not be indiscriminately dumped.

11. The material shall be placed so that the top of the reef does not exceed ½ distance from the bottom to the surface of the water unless a greater distance from the surface is required for safe navigation. At no time shall the distance between the top of the reef and the surface of the water be less than 15 feet.

12. There shall be no “white goods”, such as inoperative and discarded refrigerators, freezers, ranges, water heaters, washers, and other similar domestic and commercial appliances, asphalt materials, tires, or other polluting materials used in the construction of the reef.

13. No vessels shall be used as reef material.

14. The site shall be marked with perimeter buoys during construction to ensure that no material is deposited outside of the site.

15. The permittee shall notify the National Ocean Service, National Oceanographic and

Atmospheric Association, U.S. Department of Commerce, Rockville, Maryland, of the precise location of the reef within 30 days of placement of the material.

16. Pursuant to Section 379.249, Florida Statutes, the FWC is required to track all artificial reef deployments state-wide. The attached “Florida Artificial Reef Materials Placement Report and

Post-Deployment Notification” form must be filled out and submitted to the FWC within 30 days of completion for each date of deployment or separate deployment location. The completed form must be submitted to the FWC Artificial Reef Program via email artificialreefdeployments@myfwc.com, via fax (850) 487-4847, or mailed to the FWC Artificial

Reef Program, 620 S. Meridian Street, Box 4B2, Tallahassee, FL 32399-1600. The form is also available online at:

http://myfwc.com/media/131597/FWCArtificialReefMaterialPlacementReport.pdf.

http://myfwc.com/media/131597/FWCArtificialReefMaterialPlacementReport.pdf

GENERAL CONDITIONS FOR INDIVIDUAL PERMITS

The following general conditions are binding on all individual permits issued under chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions.

1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.

2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the

Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction.

3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and

Reviewer Manual (Florida Department of Environmental Protection and Florida Department of

Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control

Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source

Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.

4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the

Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” [October

1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form.

5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity.

6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable:

a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex

‒ “Construction Completion and Inspection Certification for Activities Associated With a

Private Single-Family Dwelling Unit” [Form 62-330.310(3)]; or file:///C:/Users/minick_a/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/IZVK7T5J/in

b. For all other activities ‒ “As-Built Certification and Request for Conversion to Operational

Phase” [Form 62-330.310(1)].

c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.

7. If the final operation and maintenance entity is a third party:

a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.

b. Within 30 days of submittal of the as- built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity” [Form 62-

330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.

8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes.

9. This permit does not:

a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;

b. Convey to the permittee or create in the permittee any interest in real property;

c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or

d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee.

10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement

Trust Fund shall not be considered received until it has been fully executed.

11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit.

12. The permittee shall notify the Agency in writing:

a. Immediately if any previously submitted information is discovered to be inaccurate; and

b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase.

13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.

14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native

American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of

State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or

(800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S.

15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.

16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under

Chapter 62-330, F.A.C., or cause violations of state water quality standards.

17. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.

18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS

AUTHORIZATION

Any use of sovereignty submerged lands is subject to the following general conditions are binding upon the applicant and are enforceable under Chapter 253, F.S. and Chapter 258, F.S.

1. Sovereignty submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant’s use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees.

2. Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person’s title to such land or water.

3. Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. and Chapter 18-14, F.A.C.

4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources.

5. Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-

27.004, and 68A-27.005, F.A.C.

6. Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court’s decision.

7. Structures or activities will not create a navigational hazard.

8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional.

9. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes.

10. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the

State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant’s use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization.

11. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision.

12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty

(30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization.

13. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective.

14. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity.

NOTICE OF RIGHTS

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.

Petition for Administrative Hearing

A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-

106.201, F.A.C., a petition for an administrative hearing must contain the following information:

(a) The name and address of each agency affected and each agency’s file or identification number, if known;

(b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination;

(c) A statement of when and how the petitioner received notice of the agency decision;

(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.

The petition must be filed (received by the Clerk) in the Office of General Counsel of the

Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.

Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition

In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section

120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

Extension of Time

Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the

Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.

Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation

Mediation is not available in this proceeding.

FLAWAC Review

The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under

Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory

Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.

http://web2.westlaw.com/find/default.wl?ordoc=I0C7293C0912311DB8F8F8100D79B57CF&rp=%2ffind%2fdefault.wl&DB=1000006&DocName=FLSTS120%2E569&FindType=L&AP=&rs=WLW9.08&ifm=NotSet&fn=_top&sv=Split&mt=Florida&utid=4&vr=2.0&pbc=38B33E51

Judicial Review

Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General

Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate

District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department.

If you have any questions about this document, please contact Jared Searcy at (850) 595-0641 or at

Jared.Searcy@dep.state.fl.us .

Executed in Escambia County, Florida.

STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

Elizabeth Mullins Orr

Program Administrator

Submerged Lands & Environmental

Resource Program

EMO/js

Attachments:

Exhibit 1, Project Drawings, 3 pages

Exhibit 2, Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification, 2 pages

Exhibit 3, Florida Artificial Reef Materials Placement Report and Post-Deployment Notification, 1 page

Copies of 62-330 forms can be obtained at:

http://www.dep.state.fl.us/water/wetlands/erp/forms.htm

Copies furnished to:

DEP, Office of General Counsel

U.S. Army Corps of Engineers

Department of Community Affairs

Lisa Gregg, FWC < lisa.gregg@myfwc.com >

Keith Johnson, Wetland Sciences, Inc. < keith@wetlandsciences.com >

File mailto:Jared.Searcy@dep.state.fl.us http://www.dep.state.fl.us/water/wetlands/erp/forms.htm mailto:lisa.gregg@myfwc.com mailto:keith@wetlandsciences.com Orr_E Elizabeth Orr

The undersigned hereby certifies that this permit and authorization to use sovereignty submerged lands, including all copies, were mailed before the close of business on

____________________________, to the above listed persons.

FILING AND ACKNOWLEDGMENT

FILED, on this date, under 120.52(7) of the

Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.

Clerk Date

December 27, 2013

Bass_B Typewritten Text 12/27/2013

Brandy

17-0314314-002-EI Page 1 of 3

17-0314314-002-EI Page 2 of 3

17-0314314-002-EI Page 3 of 3

FLORIDA ARTIFICIAL REEF MATERIALS

PLACEMENT REPORT AND POST-DEPLOYMENT NOTIFICATION

To Be Completed For Each Deployment Location or Date of Deployment

County or Municipality:_____________________________________ Date of Placement:_________________________

Grant No. FWC - ________________________________ U.S. Army Corps (if applicable) Permit No.: _______________________________

Total project cost: $___________ (Funding Source(s) and Amount(s): FWC $____________ Local $ __________ Other $________)

Name of Permitted Location Name Reef Site: ________________________________ for This Deployment:________________________

Latitude:_____ ______.___ ___ ___’ North Longitude:______ _______.___ ___ ___’ West Degrees minutes decimal minutes Degrees minutes decimal minutes

GPS Brand:__________________ GPS Model number:___________

Geographical Location: ______________ at __________degrees from ___________________________________ (nautical miles) (bearing) (reference inlet)

Water Depth:________ feet (minus) Max. Material Height: ________feet (equals) Actual Vertical Clearance: ______feet

TYPE AND AMOUNT OF MATERIAL DEPLOYED AT THE LOCATION DESCRIBED ABOVE:

(ATTACH A PHOTOGRAPH OF THE MATERIAL ON THE BARGE IMMEDIATELY PRIOR TO DEPLOYMENT)

Primary Type of Material:____________________________________________ Number of Pieces:__________

Dimensions:________________________________________________________________________________

Secondary Type of Material:_________________________________________ Number of Pieces:__________

Dimensions:________________________________________________________________________________

How was tonnage calculated?(Check all that apply, attach additional sheets if necessary): Before & after barge draft calculation Known weight of individual pieces

TOTAL TONNAGE FOR THIS DEPLOYMENT: _______________________ Trucking receipts

I DO HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE

Observer’s Name: _________________________________ Title: _________________________________

(PLEASE PRINT) (PLEASE PRINT)

Observer’s Signature: _______________________________ Date: __________________________________

Observer’s Remarks: __________________________________________________________________________

I DO HEREBY CERTIFY THAT THE ABOVE INFORMATION COMPLIES WITH THE ABOVE REFERENCED PERMIT CONDITIONS

Permittee’s Staff Name: _________________________________ Title: __________________________________

(PLEASE PRINT) (PLEASE PRINT)

Permittee’s Staff Signature: ______________________________ Date: _________________________________

Local Tracking number ______________ FWC Tracking number _______________ Entered by _________ on _________ Rev. 4/23/2007 FWC initials date

FLORIDA ARTIFICIAL REEF MATERIALS

CARGO MANIFEST AND PRE-DEPLOYMENT NOTIFICATION

(Issued pursuant to Ch. 379.249(6)(b), Florida Statutes)

I, ______________________________________________ ______________________ ________________ Name of individual managing reef deployment (print) Signature Date whose address is __________________________________________________________, (____) _____ - _____ Street City State Zip Code Phone declare that I am staging and transporting the following artificial reef construction materials allowable pursuant to the U.S. Army Corps of Engineers Artificial Reef Permit referenced below and agree to comply with all permit conditions in the permit listed below and attached to this manifest. I understand this artificial reef site is open to public access and this authorization does not provide any rights or exclusive private use over those rights or uses to the general public.

The address of the land based reef materials staging area is: ______________________________________

Transporting Vessel Registration Number: _____________________________________________________

Vessel Owner: _____________________________ Vessel Operator: ______________________________

The following items are to be deployed as reef material (attach additional sheets when more than four locations):

MATERIAL TAG

ID NUMBER(S),

if applicable Descriptions of material

(number of pieces, type, dimension, weight) GPS Coordinates degrees, minutes, decimal minutes

(DD°MM.mmm’) Lat:_____°___.__ __ __’

Lon:____°___.__ __ __’

A copy of the below referenced permit(s) and all associated conditions is attached to this manifest and shall be carried on board the vessel during loading, storing, or transporting artificial reef material.

-- OFFICIAL USE ONLY --

(TO BE COMPLETED BY PERMIT HOLDER, OR AUTHORIZED ARTIFICIAL REEF INSPECTOR)

Permit Holder:…